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Texas Penal Code - Section 43.26. Possession Or Promotion Of Child Pornography

Legal Research Home > Texas Lawyer > Penal Code > Texas Penal Code - Section 43.26. Possession Or Promotion Of Child Pornography

§ 43.26. POSSESSION OR PROMOTION OF CHILD 
PORNOGRAPHY.  (a) A person commits an offense if:
		(1)  the person knowingly or intentionally possesses 
visual material that visually depicts a child younger than 18 years 
of age at the time the image of the child was made who is engaging in 
sexual conduct;  and
		(2)  the person knows that the material depicts the 
child as described by Subdivision (1).
	(b)  In this section:                                                          
		(1)  "Promote" has the meaning assigned by Section 
43.25.                   
		(2)  "Sexual conduct" has the meaning assigned by 
Section 43.25.            
		(3)  "Visual material" means:                                                 
			(A)  any film, photograph, videotape, negative, 
or slide or any photographic reproduction that contains or 
incorporates in any manner any film, photograph, videotape, 
negative, or slide;  or
			(B)  any disk, diskette, or other physical medium 
that allows an image to be displayed on a computer or other video 
screen and any image transmitted to a computer or other video screen 
by telephone line, cable, satellite transmission, or other method.
	(c)  The affirmative defenses provided by Section 43.25(f) 
also apply to a prosecution under this section.
	(d)  An offense under Subsection (a) is a felony of the third 
degree.        
	(e)  A person commits an offense if:                                           
		(1)  the person knowingly or intentionally promotes or 
possesses with intent to promote material described by Subsection 
(a)(1);  and
		(2)  the person knows that the material depicts the 
child as described by Subsection (a)(1).
	(f)  A person who possesses visual material that contains six 
or more identical visual depictions of a child as described by 
Subsection (a)(1) is presumed to possess the material with the 
intent to promote the material.
	(g)  An offense under Subsection (e) is a felony of the 
second degree.       

Added by Acts 1985, 69th Leg., ch. 530, § 2, eff. Sept. 1, 1985.  
Amended by Acts 1989, 71st Leg., ch. 361, § 1, eff. Sept. 1, 
1989;  Acts 1989, 71st Leg., ch. 968, § 1, eff. Sept. 1, 1989;  
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  Acts 
1995, 74th Leg., ch. 76, § 14.51, eff. Sept. 1, 1995;  Acts 1997, 
75th Leg., ch. 933, § 1, eff. Sept. 1, 1997;  Acts 1999, 76th 
Leg., ch. 1415, § 22(c), eff. Sept. 1, 1999.

Last modified: August 11, 2007